HC ruling on interpreting Cr.P.C. provisions

September 22, 2014 11:23 am | Updated 11:23 am IST - MADURAI:

Absence of a provision in the Code of Criminal Procedure (Cr.P.C.), corresponding to provisions in the Code of Civil Procedure (C.P.C.), empowering lower courts to accept additional documents during course of trial would not preclude the courts from accepting such documents, the Madras High Court Bench here has held.

Dismissing a criminal revision case, Justice P.R. Shivakumar said the Cr.P.C. did not contain any specific provision prohibiting trial courts from accepting additional documents at the time of trial and, therefore, it must only be construed that the courts were well within their powers to accept documents relevant to the case under trial.

“Of course, if the document is one based on which the complaint itself had been preferred, the non-production of the same along with the complaint can be found fault with. When a relevant fact is sought to be proved by the production of additional document, it must be considered leniently so that the complainant is not denied of an opportunity to prove his case,” the judge said.

He pointed out that the present revision had been filed by a person facing prosecution under the Negotiable Instruments Act for having issued a cheque that went dishonoured. The recipient of the cheque had lodged a complaint before a court in Karaikudi by producing the dishonoured cheque, the intimation from the bank, copy of statutory notice issued to the petitioner, acknowledgement and reply sent by him.

However, the revision petitioner denied the existence of any debt for which he had reportedly issued the cheque to the complainant. Hence, the complainant produced a copy of a promissory note allegedly executed by the petitioner. The lower court accepted the document after condoning the delay in presenting it before the court and hence the present case.

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